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89(R) SB 1999 - House Committee Report version - Bill Text
By: Hughes, et al.
S.B. No. 1999
(Smithee)
A BILL TO BE ENTITLED
AN ACT
relating to protection for a public employee's or student's use of
terms consistent with biological sex.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.905 to read as follows:
Sec.
22.905.
PROTECTION FOR USE OF TERMS CONSISTENT WITH
BIOLOGICAL SEX. (a)
A school district or open-enrollment charter
school may not discipline, retaliate against, or otherwise
discriminate against a student or district or school employee who
addresses a student or district or school employee in terms
consistent with the biological sex of the student or employee.
(b) This section may not be construed to:
(1)
limit a school district or open-enrollment charter
school from adopting policies and procedures to prohibit and
prevent bullying under Section 37.0832; and
(2)
authorize a person to engage in conduct that
constitutes harassment in violation of Section 42.07, Penal Code.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.991 to read as follows:
Sec.
51.991.
PROTECTION FOR USE OF TERMS CONSISTENT WITH
BIOLOGICAL SEX. (a) In this section, "institution of higher
education" has the meaning assigned by Section 61.003.
(b)
An institution of higher education may not discipline,
retaliate against, or otherwise discriminate against a student or
an employee of the institution who addresses a student or employee
in terms consistent with the biological sex of the student or
employee.
(c)
This section may not be construed to authorize a student
or an employee of the institution to engage in conduct that
constitutes harassment in violation of Section 42.07, Penal Code.
SECTION 3. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 621 to read as follows:
CHAPTER 621. PROTECTION FOR USE OF TERMS CONSISTENT WITH
BIOLOGICAL SEX
Sec.
621.001.
DEFINITION. In this chapter, "public
employer" has the meaning assigned by Section 619.001.
Sec.
621.002.
PROTECTION FOR USE OF TERMS CONSISTENT WITH
BIOLOGICAL SEX. (a)
A public employer may not discipline,
retaliate against, or otherwise discriminate against an employee of
the public employer who addresses another employee or person in
terms consistent with the biological sex of the employee or person.
(b)
This section may not be construed to authorize an
employee of a public employer to engage in conduct that constitutes
harassment in violation of Section 42.07, Penal Code.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.